Aggravating Circumstances in Criminal Law

One who, at the time of trial for one crime, has been previously convicted of another crime embraced in the same title of the Code.

There is treachery when the offender commits any of the crimes against the person, employing means, methods, or forms in the execution thereof which tend directly and specially to ensure its execution, without risk to himself arising from the defense which the offended party might make.

An unlawful entry occurs when an entrance of a crime a wall, roof, floor, door, or window is broken.

<p>Advantage is taken of superior strength when means are employed to weaken the defense.</p> Signup and view all the answers

<p>Inundation, fire, poison, explosion, stranding of a vessel, derailment of a locomotive, or any other artifice involving great waste and ruin.</p> Signup and view all the answers

<p>Those which, if attendant in the commission of the crime, serve to increase the penalty without exceeding the maximum of the penalty provided by law for the offense, or change the nature of the crime.</p> Signup and view all the answers

<ol> <li>Advantage taken by the offender of his public position. 2. The crime being committed in contempt or with insult to the public authorities. 3. The act being committed with insult or in disregard of the respect due the offended party on account of his rank, age, or sex, or in the dwelling of the offended party, if the latter has not given provocation. 4. The act being committed with abuse of confidence or obvious ungratefulness. 5. The crime being committed in the palace of the Chief Executive or in his presence, or where public authorities are engaged in the discharge of their duties, or in a place dedicated to religious worship.</li> </ol> Signup and view all the answers

<p>They are based on the greater perversity of the offender manifested in the commission of the felony.</p> Signup and view all the answers

<p>Aggravating circumstances serve to increase the penalty without exceeding the maximum of the penalty provided by law for the offense, or change the nature of the crime.</p> Signup and view all the answers

<p>The crime being committed in the night time, or in an uninhabited place, or by a band, whenever such circumstances may facilitate the commission of the offense.</p> Signup and view all the answers